LAW 122 Chapter : Chapter Nine.docx
17 Feb 2014
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6 occasions when the failure to speak will amount to misrepresentation: when silence would distort a previous assertion, when as chance in circumstances affects the accuracy of an earlier representation, the party that made the statement has a duty to disclose, when a statement is a half truth, you can"t tell a half truth and remain silent on the other half, you cannot give partial account if the unspoken works would substantially alter the meaning of the actual statement, when a contract requires a duty of utmost good faith, the best example involves insurance contracts, when a special relationship exists between the parties, when there is trust, or one person has special influence, doctor patient, lawyer client, teacher student blab la bla, when a statutory provision requires disclosure, when facts are actively concealed, when someone takes steps to hid evidence.
